Tenantcheck Insights · Case study
Tenancy Tribunal case 5396750 — Rent arrears at 20 Riverhead Lane, Mataura, Mataura 9712
Published 13 February 2026 · Application 5396750
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Mataura
Tribunal region
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $818.00
- Total balance for Tenant to pay Landlord
- $818.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 12 February 2026 | $790.00 | Rent arrears to 12 February 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $818.00 | ||
| Total payable by Tenant to Landlord | $818.00 |
Claims and awards for application 5396750 — net $818.00 NZD. Verify on MoJ.
Rent arrears to 12 February 2026
- Amount
- $790.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 12 February 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $818.00
Total payable by Tenant to Landlord
Landlord $818.00
Claim types — money lines allowed on this order
Order
- The tenancy of Jayson Kini and Jamiee Turner at 20 Riverhead Lane, Mataura, Mataura 9712 is terminated, and possession is granted to Pride Property Management Ltd As Agent For Jonathon & Rebecca Payne, immediately.
- The Bond Centre is to pay $818.00 from the bond of $1,440.00 (5748477-013) to Pride Property Management Ltd As Agent For Jonathon & Rebecca Payne immediately, calculated as shown in the table below.
- The balance of the bond of $622.00 is to remain at the Bond Centre.
Reasons
- The landlord attended the hearing on 12 February 2026. The tenant did not.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
- As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
Should the tenancy be terminated?
The law
- A tenant is required to pay rent as and when it is due and payable under the tenancy agreement. 1
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. 2
- Where the breach is capable of remedy, the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. 3
- In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 [23 September 2020], the District Court held that the following factors are relevant to an assessment whether it is inequitable to refuse to terminate a tenancy: a. The history of the tenancy b. Whether there has been a persistent failure after repeated warnings c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future d. Whether the breach was inadvertent or deliberately committed e. The conduct of the landlord f. The gravity of the breach g. Whether termination is a proportionate response to the breach Analysis
- The tenant breached their obligation to pay rent by falling into arrears of $390.00 on 22 October 2025. The landlord sent the tenant a 14-day notice on 1 Residential Tenancies Act 1986, section 40(1)(a). 2 Residential Tenancies Act 1986, section 56(1). 3 Residential Tenancies Act 1986, section 56(1)(b). this date, requiring the tenant to clear the arrears by 6 November 2025. The tenant did not comply with the notice and the arrears were not cleared by 6 November 2025.
- I find it would be inequitable to refuse to terminate the tenancy for the following reasons: a. The history of the tenancy. The tenancy began on 22 July 2022. The tenant has been in rent arrears multiple times throughout the tenancy. The landlord has filed four previous applications with Tenancy Services for rent arrears between 2023 – 2025. b. Whether there has been a persistent failure after repeated warnings. The landlord has sent the tenant 14-day notices warning that failure to pay the rent arrears will lead to an application for termination with the Tribunal. Despite this, and despite having received four previous applications against them for rent arrears between 2023 and 2025, the tenant has continued to fall into arrears throughout the tenancy. c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future. The tenant has continuously fallen into arrears throughout the tenancy. They have been the subject of four previous applications in the Tribunal by the landlord for rent arrears. This history of non-compliance means I consider it unlikely the tenant will comply with their obligation to pay rent when due in the future. d. Whether the breach was inadvertent or deliberately committed. The frequency with which the tenant has fallen into arrears means I consider it more likely that the breach is deliberate, rather than inadvertent. e. The conduct of the landlord. The landlord has tried to resolve the issue with the tenant personally and through more formal measures such as, applying to the Tribunal. f. The gravity of the breach. The rent arrears are not particularly high however, the problem is that the tenant continuously falls in and out of arrears. This creates a lot of administrative work for the landlord, because they have to follow up with the tenant, send 14-day notices and file applications with the Tribunal. Whilst the amount of rent arrears might not be high, the frequency with which the tenant falls into arrears makes the breach serious. g. Whether termination is a proportionate response to the breach. The frequency with which the tenant has fallen into arrears and the number of previous applications filed by the landlord, means that I consider termination to be a proportionate response. This is the fifth time the landlord has filed an application against the tenant for rent arrears since the tenancy began.
- For all of these reasons, the tenancy is terminated.
How much does the tenant owe in rent arrears?
- The landlord submitted a rent summary, which records rent arrears as being $880.00 up to 12 February 2026. The landlord gave evidence that the tenant has made a further payment of $90.00 today, which will clear tomorrow. Therefore, the tenant owes $790.00 in rent arrears up to 12 February 2026. Filing fee
- Because Pride Property Management Ltd As Agent For Jonathon & Rebecca Payne has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s56(1), s8
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5396750?
The tribunal order states: The tenancy of Jayson Kini and Jamiee Turner at 20 Riverhead Lane, Mataura,
How much money was awarded in case 5396750?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $790.00 awarded to landlord
What type of tenancy dispute was case 5396750?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5396750?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13115731-Tenancy_Tribunal_Order.pdf.